SALAH BIN HASSAN Vs. OMER BIN HASSAN

JUDGEMENT

(1.) This appeal is filed by the appellant - plaintiff aggrieved by the judgment and decree dtd. 25/2/2021 passed in O.S.No.130 of 2012 by the learned IX Additional Chief Judge, City Civil Court, Hyderabad in dismissing the suit filed by him for specific performance of contract.

(2.) The parties are hereinafter referred as arrayed before the trial court.

(3.) The case of the plaintiff was that the defendant was his younger brother. The defendant was the owner of the property bearing Municipal No.7/1/214/1, First Floor along with an undivided share of 83.50 square yards out of the total extent of 167 square yards situated at Dharam Karan Road, Ameerpet, Hyderabad. The defendant agreed to sell the said property to the plaintiff for a total sale consideration of Rs.18,50,000.00 and received a sum of Rs.11,60,043.00 as advance / earnest money under a valid stamped receipt dtd. 12/8/2005 issued by the defendant in favor of the plaintiff. In terms of the said receipt, the balance sale consideration of Rs.6,89,957.00 was to be paid before the end of July, 2006. From time to time, the plaintiff paid the entire sale consideration by way of banker's cheques / demand drafts. The plaintiff also received the original link documents, lay out, sanctioned plan, property tax receipts, etc., in respect of the said property, except the original sale deed dtd. 11/7/1994, through which the defendant purchased the said property. The defendant promised to handover the original sale deed document to the plaintiff at the time of registration of the sale deed, since the same was kept in his safe custody at Abu Dhabi. The defendant being a permanent resident of Abu Dhabi, United Arab Emirates, agreed to execute and register the sale deed whenever demanded by the plaintiff. Much prior to the said sale transaction, the defendant delivered the vacant physical possession of the said property to the plaintiff. The plaintiff used to let out the said property to the tenants independently and collect the rents. In the month of November, 2004, the plaintiff let out the said property to M/s. Sri Sai Educational Society, represented by Mr. K.S.Venkateshwar Rao by virtue of a lease deed dtd. 24/11/2004 and till date they were in occupancy of the said property as tenants. Even though, the defendant received the entire sale consideration, he did not come forward to execute the registered sale deed in favor of the plaintiff despite his several requests and reminders. As a bolt from blue, the plaintiff came to know through his tenant Mr. K.S.Venkateshwar Rao that the defendant along with his other younger brother Mr. Mahmood Bin Hasan and in collusion with each other filed O.S.No.2573 of 2010 on the file of the II Senior Civil Judge, Hyderabad against the said tenant seeking ejection, recovery of rents and damages. In the said suit, the defendant suppressed the fact that he already sold the said property to the plaintiff and that he received the entire sale consideration and misrepresented stating that the defendant was the absolute owner of the said property.